Petition for Exemption from the Vehicle Theft Prevention Standard; Mercedes-Benz, 36545-36547 [E9-17557]
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Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices
days of the filing of the proposed rule
change, the Commission may summarily
abrogate such rule change if it appears
to the Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
erowe on DSK5CLS3C1PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NASDAQ–2009–067 on the
subject line.
Number SR–NASDAQ–2009–067 and
should be submitted on or before
August 13, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–17530 Filed 7–22–09; 8:45 am]
BILLING CODE 8010–01–P
15:01 Jul 22, 2009
Jkt 217001
[Public Notice 6707]
Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘The
Moon: Houston, Tranquility Base here.
The Eagle has landed.’’
Frm 00098
Fmt 4703
BILLING CODE 4710–05–P
DEPARTMENT OF TRANSPORTATION
Petition for Exemption from the
Vehicle Theft Prevention Standard;
Mercedes-Benz
DEPARTMENT OF STATE
PO 00000
Dated: July 14, 2009.
C. Miller Crouch,
Acting Assistant Secretary for Educational
and Cultural Affairs, Department of State.
[FR Doc. E9–17547 Filed 7–22–09; 8:45 am]
National Highway Traffic Safety
Administration
SUMMARY: Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
Paper Comments
2459), Executive Order 12047 of March
• Send paper comments in triplicate
27, 1978, the Foreign Affairs Reform and
to Elizabeth M. Murphy, Secretary,
Restructuring Act of 1998 (112 Stat.
Securities and Exchange Commission,
2681, et seq.; 22 U.S.C. 6501 note, et
100 F Street, NE., Washington, DC
seq.), Delegation of Authority No. 234 of
20549–1090.
October 1, 1999, Delegation of Authority
All submissions should refer to File
No. 236 of October 19, 1999, as
Number SR–NASDAQ–2009–067. This
amended, and Delegation of Authority
file number should be included on the
No. 257 of April 15, 2003 [68 FR 19875],
subject line if e-mail is used. To help the I hereby determine that the objects to be
Commission process and review your
included in the exhibition ‘‘The Moon:
comments more efficiently, please use
Houston, Tranquility Base here. The
only one method. The Commission will Eagle has landed,’’ imported from
post all comments on the Commission’s abroad for temporary exhibition within
Internet Web site (https://www.sec.gov/
the United States, are of cultural
rules/sro.shtml). Copies of the
significance. The objects are imported
submission, all subsequent
pursuant to loan agreements with the
amendments, all written statements
foreign owners or custodians. I also
with respect to the proposed rule
determine that the exhibition or display
change that are filed with the
of the exhibit objects at the Museum of
Commission, and all written
Fine Arts, Houston, TX, in celebration
communications relating to the
of the fortieth anniversary of the first
proposed rule change between the
men walking on the moon, from on or
Commission and any person, other than about September 27, 2009, until on or
those that may be withheld from the
about January 10, 2010, and at possible
public in accordance with the
additional exhibitions or venues yet to
provisions of 5 U.S.C. 552, will be
be determined, is in the national
available for inspection and copying in
interest. Public Notice of these
the Commission’s Public Reference
Determinations is ordered to be
Room, 100 F Street, NE., Washington,
published in the Federal Register.
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m. FOR FURTHER INFORMATION CONTACT: For
further information, including a list of
Copies of such filing also will be
the exhibit objects, contact Carol B.
available for inspection and copying at
Epstein, Attorney-Adviser, Office of the
the principal office of NASDAQ. All
Legal Adviser, U.S. Department of State
comments received will be posted
(telephone: 202/453–8048). The address
without change; the Commission does
is U.S. Department of State, SA–44, 301
not edit personal identifying
4th Street, SW., Room 700, Washington,
information from submissions. You
DC 20547–0001.
should submit only information that
you wish to make available publicly. All
11 17 CFR 200.30–3(a)(12).
submissions should refer to File
VerDate Nov<24>2008
36545
Sfmt 4703
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
SUMMARY: This document grants in full
the Mercedes-Benz USA, LLC.’s
(MBUSA) petition for exemption of the
SLK Class Line Chassis (SLK–Class)
vehicle line in accordance with 49 CFR
part 543, Exemption from the Theft
Prevention Standard. This petition is
granted because the agency has
determined that the antitheft device to
be placed on the line as standard
equipment is likely to be as effective in
reducing and deterring motor vehicle
theft as compliance with the partsmarking requirements of the Theft
Prevention Standard (49 CFR part 541).
DATES: The exemption granted by this
notice is effective beginning with the
2010 model year.
FOR FURTHER INFORMATION CONTACT: Ms.
Rosalind Proctor, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, West Building,
W43–302, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Ms. Proctor’s
phone number is (202) 366–0846. Her
fax number is (202) 493–0073.
SUPPLEMENTARY INFORMATION: In a
petition dated June 19, 2009, MBUSA
requested exemption from the partsmarking requirements of the theft
prevention standard (49 CFR part 541)
for the SLK–Class Line Chassis vehicle
line, beginning with the 2010 model
year. The petition has been filed
pursuant to 49 CFR part 543, Exemption
from Vehicle Theft Prevention Standard,
based on the installation of an antitheft
device as standard equipment for an
entire vehicle line.
Under § 543.5(a), a manufacturer may
petition NHTSA to grant an exemption
for one vehicle line per model year. In
its petition, MBUSA provided a detailed
description and diagram of the identity,
design, and location of the components
of the antitheft device for the SLK–Class
Chassis vehicle line. MBUSA stated that
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36546
Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices
all SLK–Class Chassis vehicles will be
equipped with a passive, transponderbased electronic immobilizer device and
a locking system as standard equipment
beginning with MY 2010. Features of
the antitheft device will include an
electronic transmitter key, a passive
immobilizer system (FBS III) which
includes an electronic ignition starter
switch control unit (EIS) and an engine
control unit (ECU). MBUSA stated that
the transmitter key, the electronic
ignition starter switch control unit and
the engine control unit will work
collectively to perform the immobilizer
function. The immobilizer will prevent
the engine from running unless a valid
key is used in the ignition switch.
Immobilization is activated when the
key is removed from the ignition switch,
whether the doors are open or closed.
Once activated, a valid, coded-key must
be inserted into the ignition switch to
disable immobilization and permit the
vehicle to start.
The device also incorporates an
access code-protected locking system.
MBUSA stated that there is an encoded
data exchange that occurs between the
transmitter key and the central
controller for the lock/unlock function
of the locking system to be carried out.
The unlocking signal from the remote
key triggers a message to the vehicle’s
central electronic control unit using a
permanent and rolling code. Once the
codes are verified and matched, the
locking system unlocks the doors,
tailgate and fuel filler cover. MBUSA
stated that the device will not
incorporate a visible and audible alarm.
MBUSA’s submission is considered a
complete petition as required by 49 CFR
543.7, in that it meets the general
requirements contained in 543.5 and the
specific content requirements of 543.6.
In addressing the specific content
requirements of 543.6, MBUSA
provided information on the reliability
and durability of its proposed device.
To ensure reliability and durability of
the device and to verify its ability to
satisfactorily perform under extreme
conditions, MBUSA conducted various
tests based on its own specified
standards. MBUSA provided a detailed
list of the various tests conducted and
believes that the device is reliable and
durable since the device complied with
its own specific test conditions.
MBUSA also compared the device
proposed for its vehicle line with other
devices which NHTSA has determined
to be as effective in reducing and
deterring motor vehicle theft as would
compliance with the parts-marking
requirements. MBUSA stated that its
proposed device is functionally
equivalent to the systems used in the C–
VerDate Nov<24>2008
15:01 Jul 22, 2009
Jkt 217001
Line Chassis, E–Line Chassis and S–
Line Chassis vehicles which the agency
has granted exemptions from the partsmarking requirements of the theft
prevention standard. The theft rates
using an average of three model years’
data (2005–2007) are 1.4366, 0.7416 and
1.5975 respectively. MBUSA concluded
that the antitheft device for its SLK–
Class Chassis vehicle line is no less
effective than those devices in lines for
which NHTSA has already granted full
exemption. The agency agrees that the
device is substantially similar to devices
in other vehicle lines for which the
agency has already granted exemptions.
MBUSA informed the agency that the
theft rate for the SLK–Class Chassis
vehicle line decreased following
installation of an immobilizer device in
MY 2006. MBUSA stated that based on
NHTSA’s theft rates from 2005 to 2006,
the average theft rate of the SLK–Class
Chassis vehicles without the
immobilizer was 1.6489 (CY 2005) and
0.1484 after installation of the
immobilizer device (CY 2006). MBUSA
concluded that the data indicates that
the immobilizer was effective in
contributing to the theft rate reduction
for its SLK–Class Chassis vehicles.
MBUSA also stated that its overall
experience with other vehicles indicates
that low theft rates can also be expected
from other vehicles equipped with
immobilizer devices as standard
equipment. In its petition, MBUSA
compared the theft rates of the SLK–
Class Chassis to its competitive lines
before and after installation of a
standard equipment immobilizer device.
The data showed that theft rates for the
Honda S2000, BMW Z4, Audi TT and
the Porsche Boxster vehicle lines also
decreased following installation of a
standard equipment immobilizer device.
Based on the evidence submitted by
MBUSA, the agency believes that the
antitheft device for the SLK–Class
Chassis vehicle line is likely to be as
effective in reducing and deterring
motor vehicle theft as compliance with
the parts-marking requirements of the
Theft Prevention Standard (49 CFR part
541).
Pursuant to 49 U.S.C. 33106 and 49
CFR 543.7(b), the agency grants a
petition for an exemption from the
parts-marking requirements of part 541
either in whole or in part, if it
determines that, based upon substantial
evidence, the standard equipment
antitheft device is likely to be as
effective in reducing and deterring
motor vehicle theft as compliance with
the parts-marking requirements of part
541. The agency finds that MBUSA has
provided adequate reasons for its belief
that the antitheft device will reduce and
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
deter theft. This conclusion is based on
the information MBUSA provided about
its device.
The agency concludes that the device
will provide the four types of
performance listed in § 543.6(a)(3):
promoting activation; preventing defeat
or circumvention of the device by
unauthorized persons; preventing
operation of the vehicle by
unauthorized entrants; and ensuring the
reliability and durability of the device.
The agency agrees that the device is
substantially similar to devices in other
vehicle lines for which the agency has
already granted exemptions. In addition,
the theft rate has reduced since the
installation of this device on the line.
For the foregoing reasons, the agency
hereby grants in full MBUSA’s petition
for exemption for the vehicle line from
the parts-marking requirements of 49
CFR part 541. The agency notes that 49
CFR part 541, Appendix A–1, identifies
those lines that are exempted from the
Theft Prevention Standard for a given
model year. 49 CFR 543.7(f) contains
publication requirements incident to the
disposition of all Part 543 petitions.
Advanced listing, including the release
of future product nameplates, the
beginning model year for which the
petition is granted and a general
description of the antitheft device is
necessary in order to notify law
enforcement agencies of new vehicle
lines exempted from the parts-marking
requirements of the Theft Prevention
Standard.
If MBUSA decides not to use the
exemption for this line, it must formally
notify the agency, and, thereafter, the
line must be fully marked as required by
49 CFR parts 541.5 and 541.6 (marking
of major component parts and
replacement parts).
NHTSA notes that if MBUSA wishes
in the future to modify the device on
which this exemption is based, the
company may have to submit a petition
to modify the exemption. Section
543.7(d) states that a Part 543 exemption
applies only to vehicles that belong to
a line exempted under this part and
equipped with the anti-theft device on
which the line’s exemption is based.
Further, § 543.9(c)(2) provides for the
submission of petitions ‘‘to modify an
exemption to permit the use of an
antitheft device similar to but differing
from the one specified in that
exemption.’’
The agency wishes to minimize the
administrative burden that Part
543.9(c)(2) could place on exempted
vehicle manufacturers and itself. The
agency did not intend Part 543 to
require the submission of a modification
petition for every change to the
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Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices
components or design of an antitheft
device. The significance of many such
changes could be de minimis. Therefore,
NHTSA suggests that if the
manufacturer contemplates making any
changes the effects of which might be
characterized as de minimis, it should
consult the agency before preparing and
submitting a petition to modify.
Authority: 49 U.S.C. 33106; delegation of
authority at 49 CFR 1.50.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9–17557 Filed 7–22–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Form 1120–FSC and
Schedule P (Form 1120–FSC)
erowe on DSK5CLS3C1PROD with NOTICES
AGENCY: Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
SUMMARY: The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning Form
1120–FSC, U.S. Income Tax Return of a
Foreign Sales Corporation, and
Schedule P (Form 1120–FSC), Transfer
Price or Commission.
DATES: Written comments should be
received on or before September 21,
2009 to be assured of consideration.
ADDRESSES: Direct all written comments
to R. Joseph Durbala, Internal Revenue
Service, Room 6129, 1111 Constitution
Avenue, NW., Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the form and instructions
should be directed to Evelyn J. Mack,
(202) 622–7381, at Internal Revenue
Service, Room 6129, 1111 Constitution
Avenue, NW., Washington, DC 20224,
or through the Internet at
Evelyn.J.Mack@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Form 1120–FSC, U.S. Income
Tax Return of a Foreign Sales
Corporation, and Schedule P (Form
1120–FSC), Transfer Price or
Commission.
VerDate Nov<24>2008
15:01 Jul 22, 2009
Jkt 217001
OMB Number: 1545–0935.
Form Number: 1120–FSC and
Schedule P (Form 1120–FSC).
Abstract: Form 1120–FSC is filed by
foreign corporations that have elected to
be FSCs or small FSCs. The FSC uses
Form 1120–FSC to report income and
expenses and to figure its tax liability.
IRS uses Form 1120–FSC and Schedule
P (Form 1120–FSC) to determine
whether the FSC has correctly reported
its income and expenses and figured its
tax liability correctly.
Current Actions: There are no changes
being made to the form at this time.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
30,000.
Estimated Time Per Respondent: 165
hours, 37 minutes.
Estimated Total Annual Burden
Hours: 1,088,250.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Books or records relating to a collection
of information must be retained as long
as their contents may become material
in the administration of any internal
revenue law. Generally, tax returns and
tax return information are confidential,
as required by 26 U.S.C. 6103.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
36547
Approved: July 15, 2009.
R. Joseph Durbala,
IRS Reports Clearance Officer.
[FR Doc. E9–17472 Filed 7–22–09; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
[INTL–978–86]
Proposed Collection; Comment
Request for Regulation Project
AGENCY: Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
SUMMARY: The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning an
existing notice of proposed rulemaking,
INTL–978–86, Information Reporting by
Passport and Permanent Residence
Applicants (§ 301.6039E–1(c)).
DATES: Written comments should be
received on or before September 21,
2009 to be assured of consideration.
ADDRESSES: Direct all written comments
to R. Joseph Durbala, Internal Revenue
Service, Room 6129, 1111 Constitution
Avenue, NW., Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the regulations should be
directed to Robert Kennedy at Internal
Revenue Service, Room 6129, 1111
Constitution Avenue, NW., Washington,
DC 20224, or at (202) 622–3403, or
through the Internet at
(Robert.J.Kennedy@irs.gov).
SUPPLEMENTARY INFORMATION:
Title: Information Reporting by
Passport and Permanent Residence
Applicants.
OMB Number: 1545–1359.
Regulation Project Number: INTL–
978–86.
Abstract: This regulation requires
applicants for passports and permanent
residence status to report certain tax
information on the applications. The
regulation is intended to enable the IRS
to identify U.S. citizens who have not
filed tax returns and permanent
residents who have undisclosed sources
of foreign income to notify such persons
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]]>Agencies
[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Pages 36545-36547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17557]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Petition for Exemption from the Vehicle Theft Prevention
Standard; Mercedes-Benz
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
-----------------------------------------------------------------------
SUMMARY: This document grants in full the Mercedes-Benz USA, LLC.'s
(MBUSA) petition for exemption of the SLK Class Line Chassis (SLK-
Class) vehicle line in accordance with 49 CFR part 543, Exemption from
the Theft Prevention Standard. This petition is granted because the
agency has determined that the antitheft device to be placed on the
line as standard equipment is likely to be as effective in reducing and
deterring motor vehicle theft as compliance with the parts-marking
requirements of the Theft Prevention Standard (49 CFR part 541).
DATES: The exemption granted by this notice is effective beginning with
the 2010 model year.
FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, West
Building, W43-302, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Ms. Proctor's phone number is (202) 366-0846. Her fax number is (202)
493-0073.
SUPPLEMENTARY INFORMATION: In a petition dated June 19, 2009, MBUSA
requested exemption from the parts-marking requirements of the theft
prevention standard (49 CFR part 541) for the SLK-Class Line Chassis
vehicle line, beginning with the 2010 model year. The petition has been
filed pursuant to 49 CFR part 543, Exemption from Vehicle Theft
Prevention Standard, based on the installation of an antitheft device
as standard equipment for an entire vehicle line.
Under Sec. 543.5(a), a manufacturer may petition NHTSA to grant an
exemption for one vehicle line per model year. In its petition, MBUSA
provided a detailed description and diagram of the identity, design,
and location of the components of the antitheft device for the SLK-
Class Chassis vehicle line. MBUSA stated that
[[Page 36546]]
all SLK-Class Chassis vehicles will be equipped with a passive,
transponder-based electronic immobilizer device and a locking system as
standard equipment beginning with MY 2010. Features of the antitheft
device will include an electronic transmitter key, a passive
immobilizer system (FBS III) which includes an electronic ignition
starter switch control unit (EIS) and an engine control unit (ECU).
MBUSA stated that the transmitter key, the electronic ignition starter
switch control unit and the engine control unit will work collectively
to perform the immobilizer function. The immobilizer will prevent the
engine from running unless a valid key is used in the ignition switch.
Immobilization is activated when the key is removed from the ignition
switch, whether the doors are open or closed. Once activated, a valid,
coded-key must be inserted into the ignition switch to disable
immobilization and permit the vehicle to start.
The device also incorporates an access code-protected locking
system. MBUSA stated that there is an encoded data exchange that occurs
between the transmitter key and the central controller for the lock/
unlock function of the locking system to be carried out. The unlocking
signal from the remote key triggers a message to the vehicle's central
electronic control unit using a permanent and rolling code. Once the
codes are verified and matched, the locking system unlocks the doors,
tailgate and fuel filler cover. MBUSA stated that the device will not
incorporate a visible and audible alarm. MBUSA's submission is
considered a complete petition as required by 49 CFR 543.7, in that it
meets the general requirements contained in 543.5 and the specific
content requirements of 543.6.
In addressing the specific content requirements of 543.6, MBUSA
provided information on the reliability and durability of its proposed
device. To ensure reliability and durability of the device and to
verify its ability to satisfactorily perform under extreme conditions,
MBUSA conducted various tests based on its own specified standards.
MBUSA provided a detailed list of the various tests conducted and
believes that the device is reliable and durable since the device
complied with its own specific test conditions.
MBUSA also compared the device proposed for its vehicle line with
other devices which NHTSA has determined to be as effective in reducing
and deterring motor vehicle theft as would compliance with the parts-
marking requirements. MBUSA stated that its proposed device is
functionally equivalent to the systems used in the C-Line Chassis, E-
Line Chassis and S-Line Chassis vehicles which the agency has granted
exemptions from the parts-marking requirements of the theft prevention
standard. The theft rates using an average of three model years' data
(2005-2007) are 1.4366, 0.7416 and 1.5975 respectively. MBUSA concluded
that the antitheft device for its SLK-Class Chassis vehicle line is no
less effective than those devices in lines for which NHTSA has already
granted full exemption. The agency agrees that the device is
substantially similar to devices in other vehicle lines for which the
agency has already granted exemptions.
MBUSA informed the agency that the theft rate for the SLK-Class
Chassis vehicle line decreased following installation of an immobilizer
device in MY 2006. MBUSA stated that based on NHTSA's theft rates from
2005 to 2006, the average theft rate of the SLK-Class Chassis vehicles
without the immobilizer was 1.6489 (CY 2005) and 0.1484 after
installation of the immobilizer device (CY 2006). MBUSA concluded that
the data indicates that the immobilizer was effective in contributing
to the theft rate reduction for its SLK-Class Chassis vehicles. MBUSA
also stated that its overall experience with other vehicles indicates
that low theft rates can also be expected from other vehicles equipped
with immobilizer devices as standard equipment. In its petition, MBUSA
compared the theft rates of the SLK-Class Chassis to its competitive
lines before and after installation of a standard equipment immobilizer
device. The data showed that theft rates for the Honda S2000, BMW Z4,
Audi TT and the Porsche Boxster vehicle lines also decreased following
installation of a standard equipment immobilizer device.
Based on the evidence submitted by MBUSA, the agency believes that
the antitheft device for the SLK-Class Chassis vehicle line is likely
to be as effective in reducing and deterring motor vehicle theft as
compliance with the parts-marking requirements of the Theft Prevention
Standard (49 CFR part 541).
Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7(b), the agency grants
a petition for an exemption from the parts-marking requirements of part
541 either in whole or in part, if it determines that, based upon
substantial evidence, the standard equipment antitheft device is likely
to be as effective in reducing and deterring motor vehicle theft as
compliance with the parts-marking requirements of part 541. The agency
finds that MBUSA has provided adequate reasons for its belief that the
antitheft device will reduce and deter theft. This conclusion is based
on the information MBUSA provided about its device.
The agency concludes that the device will provide the four types of
performance listed in Sec. 543.6(a)(3): promoting activation;
preventing defeat or circumvention of the device by unauthorized
persons; preventing operation of the vehicle by unauthorized entrants;
and ensuring the reliability and durability of the device. The agency
agrees that the device is substantially similar to devices in other
vehicle lines for which the agency has already granted exemptions. In
addition, the theft rate has reduced since the installation of this
device on the line.
For the foregoing reasons, the agency hereby grants in full MBUSA's
petition for exemption for the vehicle line from the parts-marking
requirements of 49 CFR part 541. The agency notes that 49 CFR part 541,
Appendix A-1, identifies those lines that are exempted from the Theft
Prevention Standard for a given model year. 49 CFR 543.7(f) contains
publication requirements incident to the disposition of all Part 543
petitions. Advanced listing, including the release of future product
nameplates, the beginning model year for which the petition is granted
and a general description of the antitheft device is necessary in order
to notify law enforcement agencies of new vehicle lines exempted from
the parts-marking requirements of the Theft Prevention Standard.
If MBUSA decides not to use the exemption for this line, it must
formally notify the agency, and, thereafter, the line must be fully
marked as required by 49 CFR parts 541.5 and 541.6 (marking of major
component parts and replacement parts).
NHTSA notes that if MBUSA wishes in the future to modify the device
on which this exemption is based, the company may have to submit a
petition to modify the exemption. Section 543.7(d) states that a Part
543 exemption applies only to vehicles that belong to a line exempted
under this part and equipped with the anti-theft device on which the
line's exemption is based. Further, Sec. 543.9(c)(2) provides for the
submission of petitions ``to modify an exemption to permit the use of
an antitheft device similar to but differing from the one specified in
that exemption.''
The agency wishes to minimize the administrative burden that Part
543.9(c)(2) could place on exempted vehicle manufacturers and itself.
The agency did not intend Part 543 to require the submission of a
modification petition for every change to the
[[Page 36547]]
components or design of an antitheft device. The significance of many
such changes could be de minimis. Therefore, NHTSA suggests that if the
manufacturer contemplates making any changes the effects of which might
be characterized as de minimis, it should consult the agency before
preparing and submitting a petition to modify.
Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR
1.50.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9-17557 Filed 7-22-09; 8:45 am]
BILLING CODE 4910-59-P
